Category archive: Safety

As many of you are aware, on January 1, 2016, the Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act (the “Act”) became effective. This Act imposes various responsibilities on long-term care facilities in Illinois to allow residents to engage in electronic monitoring. The Department of Public Health (“IDPH”) also has certain responsibilities under the…

Missouri state Representative, Andrew McDaniel, R-Deering, recently introduced House Bill No. 843 to the Missouri General Assembly which would allow monitoring devices in nursing homes across the state. “Monitoring device” is defined as “a surveillance instrument that broadcasts or records activity, but does not include a still camera.” Representative McDaniel stated that the reason for…

Covered entities must submit annual report to the OCR by March 1, 2015 for breaches affecting fewer than 500 individuals. Breach notification obligations differ depending on whether the breach affects 500 or more individuals or fewer than 500 individuals. A covered entity must submit its annual notification to the Office for Civil Rights (OCR) if…

The Department of Justice (DOJ) announced a settlement for claims of substandard nursing care and medically unnecessary rehabilitation therapy wherein Extendicare will pay $38 million to settle False Claims Act allegations. Rehabilitation services have been a frequent target for DOJ investigation and settlement of alleged overpayments. Once again, DOJ brings closure to an investigation of…

Illinois Attorney General Lisa Madigan recently announced a proposal to enact legislation allowing residents’ rooms in nursing homes to be monitored through video or audio electronic recording devices. Attorney General Madigan stated that Illinois nursing homes need “additional safety measures” as the number of citizens requiring long-term care continues to grow. Madigan said that giving…

Two recently announced settlements with Washington State and the Federal government show two potential overpayment issues for providers. Molina Healthcare of Washington, Inc., announced in an SEC filing on September 5th, that it agreed in principle with the Washington Health Care Authority (HCA) to settle the two outstanding overpayment matters brought by HCA demanding recoupment…

As a result of the substantial backlog of pending appeals for denied inpatient claims, Centers for Medicare & Medicaid Services (CMS) issued an offer to settle these denied claims in exchange for the hospitals withdrawal of pending appeals. Acute Care Hospitals and Critical Access Hospitals have until October 31, 2014 to make a settlement request….

The Environmental Protection Agency (EPA) has proposed changes that may impact the way pharmaceuticals, especially those containing hazardous waste ingredients, are handled through reverse distribution. Organizations generating pharmaceutical waste including pharmaceutical companies, hospitals, long-term care facilities and physicians groups may be impacted. The following excerpt comes from the EPA website. Healthcare facilities and other business…

The Justice Department is committed to combat fraud and abuse in federal healthcare programs. The most recent complaint filed by the DOJ is against Midwest Neurosurgeons LLC and its owner, Dr. Sanjay Fonn, MD, along with DS Medical LLC and its owner, Deborah Seeger. The defendants allegedly violated the Anti-Kickback Statute and False Claims Act…

Based on reports that HHS Secretary Sylvia Mathews Burwell appointed Joceyln Samuels to replace Leon Rodriguez, it appears Office for Civil Rights (OCR) has the new leadership it has been awaiting. With this new leadership at the helm, can HIPAA audits be far off? Probably not. Iliana Peters, OCR’s senior advisor for HIPAA compliance and…